At the state level, the Virginia legislature is called the General Assembly. It is the oldest elected representative body in the United States in continuous operation.
The General Assembly started in 1619 when the colony was a private corporation run by the Virginia Company and Jamestown was the colonial capital. The General Assembly survived the switch from private company to royal colony in 1624.
The General Assembly divided into two parts in 1643, when the Governor's Council of State became a separate group from the House of Burgesses. The royal governor called the General Assembly into session, and had the power to force it to end if the elected legislators did not follow his guidance.
at the start of the French and Indian War, Gov. Dinwiddie called the General Assembly into session
Source: Colonial Williamsburg, Virginia Gazette (Hunter: March 21, 1755, p.4)
The House of Burgesses last met in 1776, when the colony declared independence and became an independent state.
the journal recording the last meeting of the House of Burgesses concluded with a flourish
Source: Journals of the House of Burgesses of Virginia
The House of Burgesses was recast as a House of Delegates in the new state's constitution and the Governor's Council was converted into the State Senate. The US Congress, with a House of Representatives and a Senate, was not started until a dozen years later. The Federal system started only after ratification of the Constitution, which replaced the Articles of Confederation.
There are 140 members of the General Assembly - 40 members in the State Senate, and 100 members in the House of Delegates. Voters elect the 100 Delegates to the House of Delegates every two years., and the 40 State Senators serve 4-year terms. Elections to the General Assembly are held in odd-numbered years such as 2017 and 2019, while elections to the US Congress (the Federal legislature) occur in even-numbered years such as 2016 and 2018.
After the Civil War, black men were elected as both delegates and state senators. Between 1890-1967, no blacks served in the General Assembly. That pattern began to change in 1967, when Dr. William Ferguson Reid was elected to the House of Delegates from a Richmond district.1
From 1869-1882, control of the General Assembly shifted between "Funders" and "Readjusters." Conservatives sought to limit the political and social options for the newly-freed slaves, and objected to paying higher taxes to support public schools for them. Funders supported using state revenues to repay the pre-war debt obligations for transportation projects, maintaining the state's credit and future ability to sell bonds. Readjusters called for reducing the state's repayments based on post-war economic distress, and using more of the state revenues to provide services to citizens.
In 1882, conservative Democrats took control of the General Assembly for the next 90 years. In 1902, a revised state constitution restricted the electorate and blocked most blacks from voting.
In 1909, Virginia‘s Equal Suffrage League started advocating for allowing women to vote in Virginia. In 1920, enough states ratified the 19th Amendment to add it to the US Constitution. Virginia's General Assembly waited another 32 years before it ratified it, in what was by then just a symbolic gesture.
Norfolk voters elected the first women to serve in the Virginia legislature since it started in 1619. Sarah Lee Fain and Helen T. Henderson were elected to the House of Delegates in 1923.
The Database of House Members (DOME) listed 9,637 names of members who served in the General Assembly until 1643 and the House of Delegates between 1643-2019. It include 91 women.
One of those was Yvonne Miller. She was the first African-American woman elected to the General Assembly in 1984. She too was elected from Norfolk. Her success reflected in part the demographics of that area.
Population changes in other urban areas resulted in later increases in diversity. In 2017, voters in Prince William County elected the first transgender delegate and the first two Latina delegates. Fairfax County voters elected the first Asian-American member, and Richmond voters elected the first openly lesbian woman to the House of Delegates.2
Sarah Lee Fain was one of the first two women to serve in the General Assembly
Source: Virginia House of Delegates, Database of House Members
The Byrd Organization dominated Virginia politics between the 1930's and 1970's. It supported the election cycle where state officials were chosen in separate years from Federal officials. The conservative, "keep taxes low" Senator Harry Byrd advocated in odd-numbered years for Democratic candidates to be elected to state and local offices. In even-numbered years, the Senator supported conservative Republican candidates or maintained a "golden silence."
Senator Byrd died in 1965, when the few Republicans serving in the General Assembly were powerless. The Republican Party was the alternative to the Byrd Organization, so it was relatively liberal compared to the Democrats. The Republicans blocked blacks from participating in party conventions in 1920 and ran a "lily-white" ticket for state offices in 1921, but the national Republican Party was still the Party of Lincoln.
At the national level, the Republican Party was viewed as more conservative and the Democratic Party was viewed as more liberal, but in Virginia it was the opposite. The key issues protecting Democratic control were keeping taxes low, and ensuring whites had more economic and social opportunities than blacks.
In the 1950's, Senator Byrd was a key leader in the Massive Resistance movement to block school desegregation in Southern states. In Prince Edward County, the local county government kept the public schools closed for four years, in hopes of perpetuating the separate-but-equal system - even after Federal courts had determined "separate" was far from "equal."
In 1969, the Democratic Party in Virginia split and the state elected its first-ever Republican governor, Lynwood Holton. The political tides shifted, and the old political alignments fell apart in 1973.
That was the year of "Armageddon," according to a book of that name by Virginia election scholar Larry Sabato. The state Democratic Party was unable to agree on a nominee for governor. Liberal Democrats united behind progressive populist Henry Howell, while former Democratic governor Mills Godwin switched parties and ran for the office as a Republican. Conservative Democrats chose, like Godwin, to acknowledge they were now Republicans at the state as well as the national level.
after the 2010 Census, boundaries of State Senate districts were redrawn - and clearly show how population is concentrated in Northern Virginia
Source: Commonwealth of Virginia, Division of Legislative Services, Redistricting 2010
In the 2011 election, the Republicans won control of the State Senate. Before that election, the Republicans controlled the House of Delegates but Democrats controlled the State Senate by a majority of 22-18.
The Republicans won a net of two Senate seats in 2011, allowing the Lieutenant Governor (a Republican) to break tie votes. The Lieutenant Governor decided the state constitution blocked him from breaking ties on the votes to approve the budget, so the budget in 2012 was delayed. Finally, one Democrat (State Senator Charles Colgan from Prince William County) voted to approve the budget, and it passed 21-19.
House of Delegates districts near GMU Fairfax campus, after 2010 redistricting
Note that the City of Fairfax, outlined in black, is a different political jurisdiction than the County of Fairfax.
If you live in the city, you can vote for members of City Council... but not for the Board of County Supervisors.
However, the state Delegate for the 37th District is elected by voters in the city and a part of the county, including the Fairfax campus.
Source: Virginia Division of Legislative Services
Despite the significance of the 2011 election, in which control of the State Senate hung on a switch of just 2 seats, only 15 of the 40 contests for State Senate had only one major party candidate on the ticket. Only 27% of the major party House of Delegates races included contests between Republicans and Democrats, and in many of those contested elections one of the Republican/Democratic candidates had "no experience, no money, no campaign organization and no hope of victory."3
Redistricting has allowed incumbents to shape districts that ensure re-election, consolidating Republican-supporting voters in some districts and overloading other districts with Democrats to create "safe seats." Thanks to the power of Geographic Information System (GIS) technology, politicians now choose their voters when election districts are revised after every Census.
Prior to the Baker v. Carr US Supreme Court decision in 1962 that voting districts had to have approximately the same number of people, the political machine of Harry Byrd had structured Virginia districts so urban areas were under-represented and Byrd's rural supporters elected an excessive number of General Assembly members. Once the urban areas received full representation, the General Assembly politics changed - and after 1965 Virginia voters approved borrowing money for roads, building a community college system, and selling liquor-by-the-drink in public restaurants.
Ethnic and racial biases still affect Virginia's politics, but Virginia's population is too diverse, and too concentrated in urban/suburban areas, for a rural-based "organization" to dominate the state again. The swing vote that determines the winner in statewide elections is now concentrated in areas with a blend of urban and rural characteristics - the suburbs, places such as Loudoun, Prince William, Stafford, Chesterfield, Chesapeake, Gloucester, and York counties.
Del. Danica Roem (13th District) hosted a town hall on transportation in July, 2018, but few voters chose to attend
Under the state constitution, the General Assembly is supposed to meet in "short" sessions of 30 days in odd-numbered years, such as 2019, and meet for 60 days in even-numbered years when the two-year (biennial) budget is passed. Sessions start on the second Wednesday in January.
A session may be extended for an additional 30 days, and typically the 30-day sessions are scheduled for 35 days. On occasion, the clock in the legislature may be stopped so the session can continue beyond a deadline.4
Most bills are debated and acted upon in subcommittees and committees. A small percentage get approved and reach the floor of the House of Delegates or State Senate. Those approved by one house then "cross over" to the other house for approval, revision, or rejection. If a bill is approved by both houses of the General Assembly, it must be signed by the governor unless the bill is a "joint resolution".
The Virginia Mercury noted:5
Bills are printed after passage with the exact same language by both houses ("enrolled"), then signed by the Speaker of the House and the Lieutenant Governor (who presides over the State Senate) and delivered to the governor's office on the third floor of the State Capitol. The governor can recommend one or more amendments to a bill that reaches his desk and submit his amendments to the General Assembly. If an amendment is approved by a majority in each house, the revision becomes law. If not accepted, the governor can accept the original bill or veto it.
In 1994, voters approved an amendment to the state constitution which gave the legislature authority to determine, by majority vote of the members present in either house, if the amendment(s) from the governor were specific enough for a separate vote. If not, then the amendments could be ignored. The bill, as originally passed, would be returned to the Governor for veto or approval.6
The governor has 7 days to veto a law if the General Assembly is still in session after delivering the bill to the governor's office. If the legislature's session has ended, the governor has 30 days to act. The "pocket veto," blocking a bill from becoming a law by taking no action, is not an option in Virginia. If the governor refuses to sign or veto a bill before the deadline for action, it becomes a law.
In addition to the right to recommend amendments, the governor has line-item veto authority for appropriations bills. He or she can block just a portion of a bill that allocates money to a state program. The entire line in the appropriation bill must be vetoed, ending all funding for the item and the direction on how it should be spent. The governor does not have the authority to increase or reduce the appropriated amount, or to retain the funding but redirect its use.
That provision was added in the constitution adopted in 1902, so governor's no longer had to veto an entire budget in order to address one narrow conflict. The line-item veto authority had first been included in the Confederate Constitution.
Appropriations item in budget bills passed by the General Assembly must have comply with the "single object" requirement. That blocks legislators from combining unrelated issues into one bill, "logrolling" separate parts together. That practice could get support from diffferent members of the General Assembly who might oppose portions of the bill, but would vote for the consolidated language in order to get the piece they desired. Logrolling would result in a veto blocking unrelated actions.
The Supreme Court of Virginia is the umpire who determines if a bill meets the single purpose standard. For budget bills, it has stated:7
Under the state constitution, the General Assembly can override any veto by a vote of two-thirds of the members present in the House of Delegates and two-thirds of the members present in the State Senate.
A special "veto session" is scheduled each year on the sixth Wednesday after the adjournment of the regular session of the General Assembly, to react to the governor's amendments and vetoes. Until the special session was added to the state constitution in 1981, governors could veto bills after the regular session ended and the legislature had no opportunity to override the veto, unless 2/3 of the members in each house called for a special session.8
A governor still has one path for preventing the General Assembly from overriding his or her veto. If amendments were submitted on a bill, the legislaure will accept or reject each one during the veto session. After that session adjourns, the governor can veto the bill even if the amendments were accepted. Unless the General Assembly meets in a special session later that year, there is no opportunity to override the veto. The best opportunity for the legislature to impose its will occurs at the next regular session, when the legislators can pass a new law.
Governor Terry McAuliffe set the record for Virginia governors and vetoed 111 bills while serving in 2014-2018, including proposals to deny public funding to Planned Parenthood because it offered abortion-related services. None of the 111 vetoes were overturned by the General Assembly, even though both houses were controlled by the opposition party (Republicans) during his term. Gov. McAuliffe made 80 amendments to appropriations bills during his four-year term, and the General Assembly approved over 80% of them.9
The General Assembly rejected Gov. McAuliffe's amendment to expand Medicaid and implement "Obamacare" in Virginia. That expansion did not occur until after the 2017 election, when a "bue wave" flipped 15 seats in the House of Delegates and the Republican majority dropped to 51-49. The governor proposed and the General Assembly approved Medicaid expansion in the first year of Gov. Ralph Northam's term.
the 10th District in the House of Delegates, represented by the Minority Leader of the Democratic Party prior to the 2011 redistricting, was located in Southside Virginia
Source: Commonwealth of Virginia, Division of Legislative Services, 2001-2010 House Districts
1. "African American Legislators in Virginia," Virginia General Assembly Dr. Martin Luther King Memorial Commission, http://mlkcommission.dls.virginia.gov/lincoln/african_americans.html (last checked October 22, 2016)
2. "Virginia and Women’s Suffrage," Virginia Museum of History and Culture, https://www.virginiahistory.org/what-you-can-see/story-virginia/explore-story-virginia/1876-1924/virginia-and-women%E2%80%99s-suffrage; "Database chronicles 400 Years of Virginia House of Delegates," The Virginian-Pilot, January 11,2019, https://pilotonline.com/news/government/virginia/article_02dc9bbb-40bb-563e-bc26-3243534ec98d.html (last checked January 11, 2019)
3. "Two-party system on the ropes in Virginia races," Washington Post editorial, October 25, 2011, http://www.washingtonpost.com/opinions/two-party-system-on-the-ropes-in-virginia-races/2011/10/24/gIQA7wJ6GM_story.html (last checked October 29, 2012)
4. "Article IV. Legislature » Section 6. Legislative sessions," Constitution of Virginia, https://law.lis.virginia.gov/constitution/article4/section6/ (last checked February 4, 2019)
5. "In memoriam: Regulations for hemp products, a definition of sweet treats and campaign contribution restrictions," Virginia Mercury, February 4, 2019, https://www.virginiamercury.com/2019/02/04/in-memoriam-regulations-for-hemp-products-a-definition-of-sweet-treats-and-campaign-contribution-restrictions/ (last checked February 4, 2019)
6. "Article V. Executive » Section 6. Presentation of bills; powers of Governor; vetoes and amendments," Constitution of Virginia, https://law.lis.virginia.gov/constitution/article5/section6/ (last checked February 4, 2019)
7. Bernard L. McNamee, "Executive Veto: The Power of the Pen In Virginia," Regent Law Review, Volume 9 (Fall 1997), pp.19-23, https://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v9/9RegentULRev9.pdf (last checked February 4, 2019)
8. "Article V. Executive » Section 6. Presentation of bills; powers of Governor; vetoes and amendments," Constitution of Virginia, https://law.lis.virginia.gov/constitution/article5/section6/; "Del. Ken Plum: Governor’s Vetoes Have Saved Virginia Much Embarrassment," RestonNOW, March 30, 2017, https://www.restonnow.com/2017/03/30/del-ken-plum-governors-vetoes-have-saved-virginia-much-embarrassment/ (last checked February 4, 2019)
9. "Gov. McAuliffe keeps a perfect veto record," WTKR, April 6, 2017, https://wtkr.com/2017/04/06/gov-mcauliffe-keeps-a-perfect-veto-record/ (last checked February 4, 2019)
Governor's Palace in Williamsburg, home of the colonial governor - both the chief executive and head of colonial General Court, 1699-1775